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Recruitment Watch

Issue 21

Editor's note

Welcome to our first newsletter of 2022, in which we look at the legal issues that are currently shaping the recruitment sector.

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Agency workers: Court of Appeal confirms limited scope of right to be notified about job vacancies

The Court of Appeal's decision in Kocur v Angard Staffing Solutions Ltd & another provides helpful confirmation that an agency worker's right to be informed of relevant job vacancies at their hirer does not extend to a right to apply or be considered for the notified post.

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Statements of Work and IR35

Staffing companies continue to express interest in exploring the use of statements of work to provide services.

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Overwhelmed by data regulation? Hub Plus could be your solution.

Complying with the evolving data regulation landscape can be a daunting task, and an expensive one for those who can't justify a dedicated Data Protection Officer.

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Employee Ownership Trusts – a viable ownership structure for recruitment companies?

As companies have weaved their way through the Covid-19 pandemic, we have started to see a cultural shift in the mindset of many business leaders and owners around how employees can, and should, play a more significant part in influencing the successful growth of businesses.

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Mishcon Academy: Digital Sessions podcast – Restrictive Covenants

Join Employment Partners Jennifer Millins and Susannah Kintish as they explore the significant case law developments surrounding post-termination restrictive covenants and review the developments following the Government's recent consultation on non-compete clauses.

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Holiday pay: right to indefinite carry over of holiday when worker takes unpaid holiday

The Court of Appeal has held that a worker who takes holiday, but is not paid for it, is entitled to carry over the right to paid holiday indefinitely - until the employer allows them to take it or until termination of their contract.

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Cyber-attack prevention and mitigation – what to do before and after a security breach

As shown by the recent rise of cyber-attacks on umbrella companies (which caused severe disruption and delays in payments to contractors), attacks of this nature are becoming increasingly common and damaging for businesses operating in the recruitment sector.

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Moving towards online and digital Right to Work Checks for employees

Over the past few years there have been several changes to how employers must establish the right to work of their employees.

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Mishcon de Reya advises the shareholders of Nolan Partners Limited on its sale to Excel Sports Management

Mishcon de Reya has advised the shareholders of Nolan Partners Limited, a globally recognised sports, entertainment and media senior executive and board level search firm, on its sale to Excel Sports Management.

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Tier 1 (Investor) visa now closed to new applicants

The Secretary of State for the Home Department, Priti Patel, has confirmed that the Tier 1 (Investor) visa category will be closed to all new applicants with immediate effect.

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